Alfonso Hall v. Smith et al

Filing 41

ORDER DIRECTING Personal Service of Subpoena Duces Tecum by United States Marshal Without Prepayment of Costs, signed by Magistrate Judge Barbara A. McAuliffe on 2/21/18. (Marrujo, C)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ALFONSO HALL,

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Plaintiff,
v.

Case No. 1:15-cv-00860-LJO-BAM (PC)
ORDER DIRECTING PERSONAL SERVICE
OF SUBPOENA DUCES TECUM BY
UNITED STATES MARSHAL WITHOUT
PREPAYMENT OF COSTS

D. SMITH, et al.,

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Defendants.

[ECF No. 37]

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Plaintiff Alfonso Hall is a state prisoner proceeding pro se and in forma pauperis in this
action pursuant to 42 U.S.C. § 1983.
On February 8, 2018, the Court issued an order authorizing the issuance of a subpoena

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duces tecum directing the Warden of CCI Tehachapi to produce the duty roster to show the

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correctional officers working on Facility 4B Building 8 on the dates of May 20, 2014 through and

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including May 23, 2014. Fed. R. Civ. P. 4, 45; 28 U.S.C. § 1915(d). (ECF No. 37.)

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The requisite notice having issued, pursuant to Federal Rule of Civil Procedure 45(a)(4), it
is HEREBY ORDERED that:

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1.

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Marshal (USM):

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a.

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The Clerk of the Court shall forward the following documents to the United States

One (1) completed and issued subpoena duces tecum to be served on:
William Sullivan, Warden
California Correctional Institution
24900 Highway 202
Tehachapi, California 93561

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b.

One (1) completed USM-285 form; and

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c.

Two (2) copies of this order, one to accompany the subpoena and one for the

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Within twenty (20) days from the date of this order, the USM is DIRECTED to

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USM;

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serve the subpoena in accordance with the provisions of Rule 45 of the Federal Rules of Civil

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Procedure;

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3.

The USM SHALL effect personal service of the subpoena duces tecum, along with

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a copy of this order, upon the individual/entity named in the subpoena pursuant to Rule 45 of the

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Federal Rules of Civil Procedure and 28 U.S.C. § 566(c); and

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4.

Within ten (10) days after personal service is effected, the USM SHALL file the

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return of service, along with the costs subsequently incurred in effecting service, and said costs

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shall be enumerated on the USM-285 form.

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IT IS SO ORDERED.
Dated:

/s/ Barbara

February 21, 2018

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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